Methods for Combating Unfair Competition in the Intellectual Property Market in Russia and Abroad

  • Olga Nicolaevna BYKOVA Plekhanov Russian University of Economics, Russian Federation
  • Andrey Petrovich GARNOV Plekhanov Russian University of Economics, Russian Federation
  • Marina Valentinovna MILONOVA Plekhanov Russian University of Economics, Russian Federation
  • Ekaterina Vladimirovna TROKHOVA Plekhanov Russian University of Economics, Russian Federation
  • Lada Victorovna PROGUNOVA Plekhanov Russian University of Economics, Russian Federation
  • Anastasiya Aleksandrovna PRIKLADOVA Plekhanov Russian University of Economics, Russian Federation
  • Oleg Sergeevich IVANOV Plekhanov Russian University of Economics, Russian Federation

Abstract

Purpose: to reveal the characteristics of unfair competition in the intellectual property market in the Russian Federation and abroad and propose measures to combat such competition.


Main results: Recommendations are presented for improving the methods for combating unfair competition in the intellectual property market. The authors propose methods which can be implemented by means of copyright protection both in the market as a whole and on the Internet, by combating trademark and service mark infringers. Besides, in order to curb unfair competition in the market, possible methods are proposed for changing the registration of domain names that allow protecting rights on the Internet.


Main conclusions: In practice, there is a problem when declaring goods that contain intellectual property items). There is no registry making it possible to search for content, and search using graphic images is also difficult. In order to reduce unfair competition, it is proposed to improve the filling procedure by adding a column indicating the international registry, as well as to create a separate registry with a verbal description of images to facilitate the search. In accordance with this system, it is necessary to improve it regarding errors that are often made when filling out forms. At present, a single mistake can become a reason why the item is not selected. Solving these problems can increase control and effectiveness in terms of intellectual property protection. In most countries, unfair competition is prohibited at the legislative level. However, with the development of economic relations, the methods of unfair competition are continuously improving and becoming more and more subtle and sophisticated.

References

[1] Adrianov, V.D. 1999. Competitiveness of Russia in the global economy. Marketing, 2: 3 – 19.
[2] Azoev, G.L. and Chelenkov, A.P. 2000. Competitive advantage of the firm. Moscow: News.
[3] Bykova, O.N., Olkhovskaya, M.O., and Sysoeva, A.A. 2017. The specifics of unfair competition in Russia and abroad. Scientific Research and Development. Economics of the Firm 1(18) 64: 6-12.
[4] Carvalho, N. 2010. Toward a Unified Theory of Intellectual Property: The Differentiating Capacity (and Function) as the Thread That Unites All its Components. The Journal of World Intellectual Property, 15(4): 251-279.
[5] Chamberlin, E. 1988. Theory of Monopolistic Competition. Cambridge, MA: Harvard University Press.
[6] Civil Code of the Russian Federation (Part Four) of December 18, 2006 No. 231-FZ (with the changes made by the Resolution of the constitutional Court of the Russian Federation from 13.12.2016 N 28-P). Rossiyskaya gazeta, December 22, 2006, 238.
[7] Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-FZ (as amended on May 5, 2016) (as amended and added, entered into force on September 1, 2016). Rossiyskaya gazeta, December 8, 238-239.
[8] Correa, C.M. 2007. Trade Related Aspects of Intellectual Property Rights. A Commentary on the TRIPS Agreement. New York: Oxford University Press.
[9] Doyle, P. 2002. Marketing Management and Strategies. St. Petersburg.
[10] Fathutdinov, P.A. 2002. Organization competitiveness in a crisis: economics, marketing, management. Moscow: Marketing.
[11] Gavrilov, D.A. 2015. Unfair competition. Approaches to the definition and perspectives of legal regulation. Competition Law 1: 62.
[12] Gukasyan, L.E., and Seregin, D.I. 2015. Protection against unfair competition by antimonopoly authorities. Patents and Licenses, 10: 17-19.
[13] Gurkov, I.B. 2003. Innovative development and competitiveness. Essays on the development of Russian enterprises. Moscow: TEIS Publ.
[14] Gurkov, I.B. 2004. Strategic management of the organization. Moscow: TEIS Publ.
[15] Hayek, F.A. 1999. Cognition, competition and freedom. St. Petersburg: Pnevma
[16] Ishkhanov, A.B. 2005. Methodological basis for determining national competitiveness. Theory and practice. Krasnodar.
[17] Kazakova, I.V. 2017. Unfair competition. In State and Law in the Context of globalization. Collection of Research Papers. V.M. Chibineva (Eds.), Moscow: Yurist, 28-34.
[18] Knyazeva, I.V. 2009. Antitrust policy in Russia. Moscow: Omega-L Publ.
[19] Kulikov, G.V. 2002. Japanese management and the theory of international competitiveness. Moscow: Ekonomika.
[20] Mikhailov, O.V. 1999. Fundamentals of global competitiveness. Moscow: Cognitive Book Plus.
[21] Millet, M.J. 1999. Same Game in a New Domain – Some Trademark Issues on the Internet, 198-AUG N.J. Law, 32.
[22] Orlov, A.A. 2008. The war for market shares: competitive fights without rules. Moscow: Exmo.
[23] Porter, M. 2010. Competition. Moscow: Williams, 591.
[24] Porter, M., Takeuchi, X., Sakakibara, M. 2005. Japanese economic model. Can Japan compete? Moscow: Alpina Business Books.
[25] Robinson, J. 1988. Economics of Imperfect Competition. Moscow: Science.
[26] Schumpeter, I.A. 1982. Theory of Economic Development. Moscow: Progress.
[27] Varlamova, A.N. 2015. Unfair competition: the concept and differences from monopolistic activity. Moscow University Bulletin, 6: 52-63.
[28] Yakunin, V.I., Sulakshin, S.S., Fonareva, N.E., and Totiev, K.Yu. 2008. State competition policy and competition promotion in the Russian Federation. Moscow: Scientific expert.
[29] Yasin, E.G., and Yakovlev, A.A. 2004. Competitiveness and modernization of the Russian economy: the beginning of the project. To the 5th International Scientific Conference Competitiveness and Modernization of the Economy, April 6-8, 2004 Moscow, Russia.
[30] Zaleskaya, M. 2006. Unfair competition in commodity markets: features of protecting the rights of business entities. Legislation and Economics, 1: 36-50.
Published
2020-03-31
How to Cite
BYKOVA, Olga Nicolaevna et al. Methods for Combating Unfair Competition in the Intellectual Property Market in Russia and Abroad. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 2, p. 477 – 487, mar. 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4606>. Date accessed: 02 may 2024. doi: https://doi.org/10.14505//jarle.v10.2(40).07.